BILL ANALYSIS

C.S.H.B. 3567

By: Sanford

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties contend that certain religious organizations and individuals should not be required to solemnize a marriage that violates a sincerely held religious belief and that religious organizations should have the protections necessary to continue conducting marriages that are in accord with such a belief.  C.S.H.B. 3567 seeks to establish this protection.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3567 amends the Family Code to prohibit a religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister from being required to solemnize any marriage, or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if the action would cause the organization or individual to violate a sincerely held religious belief.

C.S.H.B. 3567 establishes that a refusal to provide such services, accommodations, facilities, goods, or privileges is not the basis for a civil or criminal cause of action or any other action by the state or a political subdivision of the state to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses, from any protected organization or individual.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3567 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Chapter 2, Family Code, is amended by adding Subchapter G to read as follows: SUBCHAPTER G.  FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING OR PERFORMING CERTAIN MARRIAGES Sec. 2.601.  RIGHTS OF CERTAIN RELIGIOUS ORGANIZATIONS.  A religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister may not be required to solemnize any marriage, provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage, or treat any marriage as valid for any purpose if the action would cause the organization or individual to violate a sincerely held religious belief. Sec. 2.602.  DISCRIMINATION AGAINST RELIGIOUS ORGANIZATION PROHIBITED.	SECTION 1.  Chapter 2, Family Code, is amended by adding Subchapter G to read as follows: SUBCHAPTER G.  FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING OR PERFORMING CERTAIN MARRIAGES Sec. 2.601.  RIGHTS OF CERTAIN RELIGIOUS ORGANIZATIONS.  A religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister may not be required to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if the action would cause the organization or individual to violate a sincerely held religious belief. Sec. 2.602.  DISCRIMINATION AGAINST RELIGIOUS ORGANIZATION PROHIBITED.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.	SECTION 2. Same as introduced version.